83S10117 JTS-F
By: Pickett H.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to a permit requirement and the payment by a utility of a
fee for the use of state highway rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 203, Transportation Code,
is amended by adding Section 203.0911 to read as follows:
Sec. 203.0911. PERMIT AND FEE FOR USE OF RIGHT-OF-WAY. (a)
Notwithstanding any other law, including Chapter 181, Utilities
Code, Chapter 552, Local Government Code, Chapter 49, Water Code,
and Chapter 111, Natural Resources Code, and except as provided by
Subsection (c), the department may require a person, including a
governmental or private entity, to obtain a permit and pay a fee as
a condition of using any part of a state highway right-of-way for
the construction, maintenance, or operation of a utility facility.
(b) The commission shall establish permit fees to be imposed
by the department under this section. The fees may be used only for
the maintenance of state highways.
(c) The department may not require the payment of a fee
under this section from:
(1) a person who has a property interest in the land
occupied by the utility facility to be constructed, maintained, or
operated; or
(2) a municipality.
SECTION 2. The heading to Subchapter E, Chapter 203,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. [RELOCATION OF] UTILITY FACILITIES
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.